Opinion
Criminal Number:3:07CR00037-001
12-02-2011
UNITED STATES OF AMERICA v. ESSEX SMITH, JR. (Defendant's Name)
Richard M. Upton Defendant's Attorney
JUDGMENT IN A CRIMINAL CASE
(For Revocation of Probation or Supervised Release)
Richard M. Upton
Defendant's Attorney
THE DEFENDANT:
[√] admitted guilt to violation of condition(s) Violation No. 1 and 2 of the term of supervision.
[ ] was found in violation of condition(s) ___ after denial of guilt.
The defendat is adjudicated guilty of these violations:
+---------------------------------------------------------+ ¦ ¦ ¦Date Violation ¦ ¦Violation Number ¦Nature of Violation ¦ ¦ ¦ ¦ ¦Occurred ¦ +------------------+---------------------+----------------¦ ¦See next page. ¦ ¦ ¦ +---------------------------------------------------------+
The defendant is sentenced as provided in pages 2 through 5 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.
[ ] The defendant has not violated condition(s) ___ and is discharged as to such violation(s) condition.
IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid.
November 30, 2011
Date of Imposition of Sentence
__________
Signature of Judicial Officer
JAMES J. BRADY , United States District Judge
Name & Title of Judicial Officer
ADDITIONAL VIOLATION
+-----------------------------------------------------------------------------+ ¦Violation Number ¦Nature of Violation ¦Date Violation Concluded ¦ +------------------+-------------------------------+--------------------------¦ ¦No. 1 - Mandatory ¦The defendant shall refrain ¦ ¦ ¦Condition ¦from any unlawful use of a ¦August 24, 2011 ¦ ¦ ¦controlled substance. ¦ ¦ +------------------+-------------------------------+--------------------------¦ ¦ ¦The defendant shall participate¦ ¦ ¦ ¦in an anger management ¦ ¦ ¦No. 2 - Special ¦education and/or treatment ¦ ¦ ¦Condition ¦program, and shall assist in ¦October 17, 2011 ¦ ¦ ¦the cost of said treatment, as ¦ ¦ ¦ ¦approved by the probation ¦ ¦ ¦ ¦officer. ¦ ¦ +-----------------------------------------------------------------------------+
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 11 months .
[] The court makes the following recommendations to the Bureau of Prisons:
[√] The defendant is remanded to the custody of the United States Marshal.
[ ] The defendant shall surrender to the United States Marshal for this district.
[ ] at ___ on ___.
[ ] as notified by the United States Marshal.
[] The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:
[ ] before ___ on ___.
[] as notified by the United States Marshal.
[ ] as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
__________
Defendant delivered on __________ to __________ at __________, with a certified copy of this judgment.
__________
UNITED STATES MARSHAL
By __________
Deputy U.S. Marshal
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the Schedule of Payments on Sheet 6.
+-----------------------------------+ ¦ ¦Assessment¦Fine¦Restitution¦ +-------+----------+----+-----------¦ ¦Totals:¦$ ¦$ ¦$ ¦ +-----------------------------------+
[ ] The determination of restitution is deferred until _. An Amended Judgment in a Criminal Case (AO245C) will be entered after such determination.
[ ] The defendant must make restitution (including community restitution) to the following payees in the amounts listed below.
If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C.§3664(i), all non-federal victims must be paid before the United States is paid.
+----------------------------------------------------------------------+ ¦Name of Payee¦Total Loss ¦Restitution Ordered¦Priority or Percentage¦ +-------------+-------------+-------------------+----------------------¦ ¦TOTALS: ¦$ ¦$ ¦ ¦ +----------------------------------------------------------------------+
Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996.
[ ] Restitution amount ordered pursuant to plea agreement .......... $ ___
[ ] The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
[ ] The court determined that the defendant does not have the ability to pay interest and it is ordered that:
[ ] The interest requirement is waived for the [ ] fine [ ] restitution.
[ ] The interest requirement for the [ ] fine [ ] restitution is modified as follows:
SCHEDULE OF PAYMENTS
Having accessed the defendant's ability to pay, payment of the total criminal monetary penalties is due as follows:
A [√] Lump sum payment of $ 100.00 due immediately, balance due
[ ] not later than _, or
[] in accordance with []C, []D, or []E or [√]F below; or
B [ ] Payment to begin immediately (may be combined with [ ]C, [ ]D, or [ ]F below); or
C [ ] Payment in equal ___ (e.g., weekly, monthly, quarterly) installments of $ _ over a period of _ (e.g., months or years), to commence _ (e.g., 30 or 60 days) after the date of this judgment; or
D [ ] Payment in equal_(e.g., weekly, monthly, quarterly) installments of $ _ over a period of _ (e.g., months or years), to commence _ (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or
E [ ] Payment during the term of supervised release will commence within _ (e.g., 30 or 60 days) after release from imprisonment. The court will set the payment plan based on an assessment of the defendant's ability to pay at that time; or
F [ ] Special instructions regarding the payment of criminal monetary penalties:
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of court.
The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. [ ] Joint and Several
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate.
[ ] The defendant shall pay the cost of prosecution.
[ ] The defendant shall pay the following court cost(s):
[ ] The defendant shall forfeit the defendant's interest in the following property to the United States:
Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5)fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.